County to pay mother £24k after Ombudsman report into overcrowding and failure to comply with care order – Local Government Lawyer

Posted September 3rd, 2019 in care orders, compensation, delay, families, housing, local government, news, ombudsmen, standards by sally

‘A county council has agreed to pay £24,000 after a Local Government and Social Care Ombudsman investigation into a case where a mother of three, who also took on the care of her two grandchildren, had to sleep on a mattress in her living room for more than 10 years because the local authority did not deliver the support it had agreed to.’

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Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

The 1COR Quarterly Medical Law Review – Summer 2019 – Issue 2 – 1COR

‘Welcome to the second issue of the Quarterly Medical Law Review, brought to you by barristers at 1 Crown Office Row. This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.’

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1COR, 7th August 2019

Source: www.1cor.com

Naomi McLoughlin discusses the case of Re F (A Child) (Fact-Finding Appeal) (2019) – Park Square Barristers

Posted August 29th, 2019 in care orders, child abuse, doctors, expert witnesses, family courts, news by sally

‘The Court of Appeal declines to give guidance on whether a treating clinician who was also an expert would, in some cases, be able to give expert evidence without meeting the requirements of Part 25. It did recommend input by the President’s working group on the issue.’

Full Story

Park Square Barristers, 27th August 2019

Source: www.parksquarebarristers.co.uk

Lancashire grandmother ‘had to sleep on mattress in lounge’ for 10 years – BBC News

Posted August 29th, 2019 in care orders, children, compensation, grandparents, housing, local government, news by tracey

‘A woman slept on a mattress in her living room for more than 10 years because her council house was too small for her and five children.

The Local Government Ombudsman ordered the council to pay her compensation. The council apologised and said it would pay her £24,000 to reflect the “avoidable distress” she and her family suffered.’

Full Story

BBC News, 29th August 2019

Source: www.bbc.co.uk

The “long arm” of the police – how “confidential” are family proceedings? – UK Human Rights Blog

‘“Not very” seems to be the answer in the Court of Appeal decision in M (Children) [ 2019] EWCA Civ 1364 . Sir Andrew McFarlane upheld Keehan J’s decision to disclose the parents’ initial statement and position statement to the police following the initial interim care hearing. In family proceedings parents are advised that their evidence is confidential to those proceedings. They are encouraged to be open and frank and to understand that their children’s interests are the Court’s main concern. But something seems to be eroding these principles, a trend set since the case of Re H (Children) [2009] EWCA. The Court of appeal approved the test from Re C ( see below) and gave it the “fit for purpose” badge. The decision should be seen in the context of this being a police terrorism enquiry.’

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UK Human Rights Blog, 7th August 2019

Source: ukhumanrightsblog.com

Disclosure of material from care proceedings to the police – UK Police Law Blog

‘The Court of Appeal has held in Re M (Children) (Disclosure to the Police) [2019] EWCA Civ 1364, that the Re C test for disclosure of material from care proceedings to the police remains good law after 23 years, and in the light of the Human Rights Act 1996, but with the qualification that disclosure must be necessary and proportionate.’

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UK Police Law Blog, 31st July 2019

Source: ukpolicelawblog.com

Section 9(6B) of the Children Act 1989 – what is its purpose? – Family Law Week

‘Sophie Crampton, barrister of 4 Brick Court, considers what purpose the provision might serve in determining care proceedings.’

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Family Law Week, 26th July 2019

Source: www.familylawweek.co.uk

Man who refused to register son’s birth loses high court case – The Guardian

‘A man who refused to register his son’s birth because he says he does not want him to be controlled by the state has lost a high court case.’

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The Guardian, 23rd June 2019

Source: www.theguardian.com

Court of Appeal hits out at “hugely burdensome” routine requests for clarification of judgments in care cases – Local Government Lawyer

Posted May 30th, 2019 in appeals, care orders, children, interpretation, judges, judgments, limitations, news by tracey

‘The Court of Appeal has issued a reminder to practitioners that receiving a judge’s draft judgment in care cases is “not an ‘invitation to treat’, nor is it an opportunity to critique the judgment or to enter into negotiations with the judge as to the outcome or to reargue the case in an attempt to water down unpalatable findings”.’

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Local Government Lawyer, 29th May 2019

Source: www.localgovernmentlawyer.co.uk

Family Justice Council issues interim guidance on special guardianship and extensions to 26-week time limit – Local Government Lawyer

‘The Family Justice Council has published interim guidance on special guardianship, with the primary purpose of addressing cases where an extension to the statutory 26-week time limit is sought in order to assess potential special guardians, more fully, within public law proceedings.’

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Local Government Lawyer, 28th May 2019

Source: www.localgovernmentlawyer.co.uk

Munby’s concerns prompt fresh guidance on special guardians – Law Society’s Gazette

‘Potential special guardians put forward late in care proceedings should be realistic prospect and not merely the result of a ‘trawl through all possible options’, fresh guidance published by the judiciary has said.’

Courts and Tribunals Judiciary press release

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Law Society's Gazette, 28th May 2019

Source: www.lawgazette.co.uk

Parental responsibility: is a rapist father still a father? – Family Law

Posted February 26th, 2019 in care orders, news, notification, parental responsibility, parental rights, rape by tracey

‘Partner Oliver Gravell and trainee solicitor Georgia Wright, of Birketts LLP, examine MPs support for a young woman who was seeking to deny parental rights to a man who raped her, as they are demanding a change to the Children Act 1989. Gravell and Wright look at the legal issues surrounding parental responsibility.’

Full Story

Family Law, 26th February 2019

Source: www.familylaw.co.uk

Analysis: Parental responsibility – Family Law

Posted February 22nd, 2019 in care orders, children, news, parental responsibility by tracey

‘Imogen Powell, of Ashfords LLP, writes that parental responsibility is a concept introduced by the Children Act 1989. The Act defines PR as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to a child and his property”. As the phrase suggests, the concept of parental responsibility serves to highlight the idea that parents have “responsibilities” or “duties” towards their children, as opposed to “rights” over them.’

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Family Law, 22nd February 2019

Source: www.familylaw.co.uk

Family Drug and Alcohol Courts backed by private donors – BBC News

Posted February 14th, 2019 in alcohol abuse, care orders, drug abuse, families, family courts, news by sally

‘A group of private backers has agreed to fund a national unit supporting courts which help parents deal with drug or alcohol addiction so their children are not taken into care.’

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BBC News, 14th February 2019

Source: www.bbc.co.uk

Challenging Interim Threshold – Family Law Week

‘Anna McKenna QC, 1 King’s Bench Walk, Emily Boardman, partner, Boardman, Hawkins & Osborne LLP and Anna Sutcliffe, barrister, 1 King’s Bench Walk consider the circumstances when it may be appropriate to challenge interim threshold findings in an alleged NAI case without waiting for evidence from a single joint expert.’

Full Story

Family Law Week, 30th January 2019

Source: www.familylawweek.co.uk

Mother has four-year-old son taken from her after failing drug test taken from strand of hair – The Independent

Posted January 21st, 2019 in adoption, care orders, drug abuse, forensic science, news by tracey

‘A mother has been forced to give up her four-year-old son after failing a hair-strand drug test and losing a controversial court battle over his care.’

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The Independent, 20th January 2019

Source: www.independent.co.uk

Children: Public Law Update (December 2018) – Family Law Week

Posted December 14th, 2018 in care orders, child abuse, disclosure, evidence, family courts, identification, news, police, proof by tracey

‘John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.’

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Family Law Week, 13th December 2018

Source: www.familylawweek.co.uk

Anonymisation Guidance – a curtain of secrecy? – Transparency Project

‘The President of the Family Division, Sir Andrew MacFarlane issued some guidance last week on the anonymisation of published judgments in family court cases.’

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Transparency Project, 10th December 2018

Source: www.transparencyproject.org.uk

Family Court judge raps council for “woeful” care of two young women – Local Government Lawyer

‘A Family Court judge has condemned a council’s care for two young women as “woeful” and said he was “appalled” by failures of social workers and managers.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Speech by Rt. Hon. Sir Andrew McFarlane: Association of Lawyers for Children Conference 2018 – Courts and Tribunals Judiciary

Posted November 26th, 2018 in care orders, children, family courts, guardianship, social services, speeches, time limits by tracey

‘Speech by Rt. Hon. Sir Andrew McFarlane: Association of Lawyers for Children Conference 2018.’

Full speech

Courts and Tribunals Judiciary, 23rd November 2018

Source: www.judiciary.uk